9911796707
TMI Blog2019 (8) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... unts pursuant to notices on demands that had been issued by the said parties in the wake of return of cheques by the bank upon presentation. It appears that on the basis of pre-summoning inquiry, the respondents herein were summoned as accused in the said two criminal cases. It further appears that midway the proceedings in the criminal complaints, parties entered into settlement agreement in Delhi Mediation Cell on 26.11.2016, the terms whereof would read thus:- "1) The matters have been amicably settled between the parties for a total sum of Rs. 16,00,000/- (Rupees Sixteen Lac Only) in full and final settlement of the present cases. 2) The settlement amount of Rs. 16,00,000/- (Rupees Sixteen Lac Only) shall be paid by the accused/resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The presiding officer of the court being on leave, the cases were adjourned for purposes of consideration to 03.01.2017. On the said date, i.e., 03.01.2017, the respondents were absent. The petitioner (being the complainant), however, submitted before the Metropolitan Magistrate that he had received sixteen postdated cheques in terms of the mediation settlement. Taking note of this submission, the Metropolitan Magistrate avoided passing any adverse orders against the accused for failure on their part to appear and adjourned the matters to 28.07.2017. 3. On 28.07.2017, it is shown from the proceedings recorded by the Metropolitan Magistrate, the counsel for the petitioner informed that cheques which had been presented by that date had fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opolitan Magistrate in the court of sessions by Criminal Revision Petition Nos. CR. No.29/2019 and CR. No.30/2019 which were dismissed by identical orders passed on 08.04.2019. 5. Against the above backdrop, the petitioner has approached this court, by the petition at hand, seeking intervention, the prayer being that since the dispute had been settled through mediation, the respondents had given undertakings before the Metropolitan Magistrate for due compliance, the amount reflected in such mediation settlement is bound to be recovered as fine in terms of the ruling in Dayawati (supra). 6. The following observations of the division bench in Dayawati vs. Yogesh Kumar Gosain, (2017) 243 DLT 117 (DB) are germane for decision on the issue rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the terms thereof as well as a specific order in terms thereof. Consequently, the amount payable under the settlement, would become an amount payable under an order of the criminal court. 117. So far as the disputes beyond the subject matter of the litigation is concerned, upon the settlement receiving imprimatur of the court, such settlement would remain binding upon the parties and if so ordered, would be subject to the orders of the court." (emphasis supplied) 7. On directions of this court, the petitioner has placed on record copies of the proceedings recorded by the Metropolitan Magistrate in the wake of settlement agreement dated 26.11.2016. On perusal, it is noted that no formal settlements of the parties were recorded nor any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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